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HomeMy WebLinkAboutModification Request.pdfCERTIFIED MAIL RETURN RECEIPT REQUESTED ALSO DELIVERED BY EMAIL TO: hs681 v(c)gmail.com; eb@statureengineerino.com; bina.tdeure.com 21 March 2023 Mr. Harry Smith (National Warehouse Leasing) P.O. Box 543 Greenville, NC 27835 RE: STOP WORK ORDER AND NOTICE OF REGULATORY REQUIREMENTS CASE #23-01B Dear Mr. Smith: This letter confirms that on 18 March 2023, Mr. Kelly Spivey and myself monitored the construction onsite at your property located at 411 West Main Street adjacent to The Pamlico River located in The Town of Washington, Beaufort County, North Carolina. The purpose of the visit was to monitor the completion of the proposed development permitted through CAMA Major permit 21-22 and General Permit 87890. General Permit 87890 was issued for the replacement of the existing bulkhead and CAMA Major permit 21-22 was issued for the replacement of an existing marina facility as well as the construction of a new 8'x50' fuel dock along the Public Trust Shoreline and Public Trust Area of Environmental Concern along the Tar/Pamlico River Basin. No person may undertake development in a designated Area of Environmental Concern without first obtaining a permit in accordance with the Coastal Area Management Act (CAMA); North Carolina General Statutes (N.C.G.S.) §113A-100 et seq. Information gathered by me shows that you are undertaking, or are legally responsible for, development including the installation of an additional finger pier along the right side of the permitted 8'x50' fuel dock with two additional formalized slips installed on either side of the finger pier as well as a large wet slip placed along the left side of the same dock. The Division's records indicate CAMA Major Permit 21-22 did not authorize this additional development. This activity is taking place in Public Trust Area of Environmental Concern as designated by the NC Coastal Resources Commission and that are contiguous with the Pamlico River. This letter also confirms that I have spoken with Mr. EB Pannkuk with Stature Engineering and Mr. B.I. Mansour with TD Eure Marine Construction on 18 March 2023 to stop work and provide statements of notification to the adjacent riparian property owners, updated plats showing the development, measure distance from riparian property lines to newly installed pilings, any additional development in order to obtain a modification to CAMA permit #21-22. Harry Smith 21 March 2023 20f2 As discussed through phone calls with Mr. Pannkuk and Mr. Mansour we are willing to work to bring your project back into compliance providing all documentation can be received within a timely manner. Until the updated information is received: No work may proceed until the Permit Modification is issued. You are hereby ordered to complete the requested activities and file a modification request for the described development as well as any additional development that is not completed with this office for a CAMA Permit by 1 May 2023. Failure to file an modification request or continuation of work after receipt of this Notice would constitute a violation of the CAMA and you may be subject to civil and/or criminal penalties as provided by N.C.G.S. §113A-126. Each day that the development described in this Notice is continued or repeated may constitute a separate violation that is subject to an additional assessment of $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S. §113A-126. Provided you comply voluntarily with this Notice, no further enforcement action or civil assessment would be necessary beyond the issuance of a permit. Thank you for your time and cooperation in resolving this important matter. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. A site inspection will be made to confirm this STOP WORK ORDER has been complied with. Sincerely, 44 A "I Ashley Grandy, Field Representative, DCM Cc: Kelly Spivey, Washington District Manager, DCM Jonathon Howell, Morehead City, DCM T D EURE MARINE CONSTRUCTION, LLC PO BOX 650 MOREBEAD CITY, NC 28557 TEL: 252-728-4191 FAX: 252-728-4192 April 6, 2023 NCDENR-DCM C/o Ashley Grandy 943 Washington Square Mall Washington, NC27889 RE: Minor Modification Request for Major Permit 21-22 Mr. Grandy: We have been contracted by National Warehouse Leasing to construct the marina facilities at Havens Wharf at 411 West Main Street in Washington, NC. The major permits for this project, 21-22 was issued on 03.09.22. Since that time, the owner has modified the design and we are requesting a minor modification to the permit to include these changes. Along with the necessary riparian signatures, I have attached a map indicating the changes that we are requesting. The item in green was included on the original permit and has been installed. • (1) 6' x 50' Pier The items in yellow were not included on the original permit and have not been installed. • (2) Boat Lifts Due to a communication error with the original permit consultant, the items in red were not included on the original permit but have been installed. • (8) Boat Lift Pilings • (2) Mooring Pilings • (1) 3'x 30' Finger Pier We are requesting that all yellow and red items be included in the major modification. If you have any questions, please feel free to contact me at 252.571.4505 or BI@TDEure.com. Thank you- U.c� 7'7i2aarQacu�. B.I. Mansour TD Eure Marine Construction ca r ca i y N 7 m = J U 0 J O J '(D pJ U y co O J O O O c 7 O N Q CO < 3: U m c 0 cc Z ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to National Wherehouse Leasing, LLC s (Name of Property Owner) property located at 411 W. Main street (Address, Lot, Block, Road, etc.) on Pamlico River in Washington/Beaufort County N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above loco I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must till in description below or attach a site drawing) See Map & Description Attached WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requifen (Property Owner Information) 9.d Signature B.I. Mansour -Authorized Agent Print or Type Name PO Box 650 Mailing Address Morehead City, NC 28557 City/State/Zip 252.571.4505 / BI@TDEure.com Telephone Number / email address 03.24.23 Date siat Arc le Jep6AS I"��TV lain St Wegfffllsj t o n , NC Te{�yMgne /r{ug7(jer / �ei�ddress Date* 03/31 /23 `Valid for one calendar year after signature' (Revised Aug. 2014) ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to National Wherehouse Leasing, LLC I (Name of Property Owner) property located at 411 W. Main street (Address, Lot, Block, Road, etc.) On Pamlico River in Washington/Beaufort County N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. 1 have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must till in description below or attach a site drawing) See Map & Description Attached WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) - 1 do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature B.I. Mansour - Authorized Agent Print or Type Name PO Box 650 Mailing Address Morehead City, NC 28557 City/State/Zip 252.571.4505 / BI@TDEure.com Telephone Number/email address Date (Adjacent Property Owner Information) e. ? s� Signature * G Thomas Swing JR Print or Type Name 1102 Seasons End Lane Mailing Address Grimesland, NC 27837 City/State/zip 252-714-4328 / DownEastRealEstateHolding@gmail.com Telephone Number/email address 03/29/2023 Date* (Revised Aug. 2014) *Valid for one calendar year after signature*